Is this legal? What can we do?

Specialties Geriatric

Published

I know that I have been ranting a lot lately about the new owners of my facility. Today, they posted a memo that says that from now on that employees were not going to be paid for our 30 minute lunch. To get benefits in our facility you have to work 38 hours a week. Most of us are barely getting in forty hours now that they have eliminated "all" overtime. they have gotten so severe that I got a verbal warning today for clocking out at 10:09pm instead of 10:00. The schedule clerk has been scheduling three CNAs on AB unit and three CNAs on C unit. They have begun sending the third CNA home at eight instead of ten like we had been scheduled. These two things knock the aides down from a forty hour work week to a 35.5 hour work week. To get benefits at the facility you work a 38 hour week. They are rotating the short shifts between the unit CNAs. We just figured it out tonight that no one is going to be eligible for health insurance, retirement, vacations, or sick time :angryfire. To me this just seems wrong. The facility is in debt but now "everyone" is threatening to quit. I love my residents but I will not work in a facility with no staff. I will head out the door with the rest of the staff. What can we do? Some people depend on these benefits.

Insurance??? Benefits??? What are those! I've worked at the same facility for 4 years now, and they don't even OFFER health insurance. Our only "benefit" is a weeks paid vacation. (and this is a "for profit" company). Also, our facility has "QA" meetings each morning, where those unlucky employees who had to call in sick, etc. and were unable to work - these people are forced to stand before all the department heads and give their explanation of why they had to miss work. If they refuse to tell the group why they had to miss work, then they are "unexused". Period. :angryfire I got them good, tho. Last time I missed work was due to a stomach virus. Told them ALLLLL about it, in great detail that morning. *heh-heh* :rotfl:

I had thought that all employers had to offer health insurance if they employed over a certain number of people. And we're so short staffed right now, it's pathetic.

Seems like the law says 20 employees and insurance must be offered. The employer doesn't have to pay any part of the premium (which makes it unaffordable for most) but they do have to have it available. I can't imagine an LTC facility without 20 employees. Maybe if they only have 20 beds or so.

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There is no state or federal law anywhere in the US that requires any employer anywhere to provide OR OFFER health insurance in any way, shape, or form to ANY employee, REGARDLESS of hours worked, OR number of employees.

It just isn't so...........

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where I work we are scheduled 8 hour days with a paid lunch and 2 breaks included. But here's the clicher the 15 minutes before and how ever long it takes to finish up after and do our charting we don't get paid for. Sometimes it's a half hour to 45 minutes I spend extra just finishing up or answering a call light at the last minute before the next shift comes in. Also if we're expecting to not finish on time we have to tell the don roughly 2 hours ahead at 7 or 8 oclock. Otherwise we stay and don't get paid. At walmart I had 8 and a half hour days and lunch was unpaid. But I got paid from the time I clocked in until the time I clocked out, a dollar more on sundays, and a shift differential on weekends if I closed the deli there.

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i followed the link but didnt see the story you were referring to. cool link. however i did send and email to arnold about my recommendation for the licensed nurse to patient ratio in nursing homes.:p

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